News

Sun, Sea and… Separated Parents

Share

Separated parents taking a child on holiday

Taking your children on holiday, whether abroad or within the jurisdiction can prove to be a complicated process after separation. After all, whilst parents are together as a couple, it is simply a case of arranging travel, accommodation and shopping for holiday essentials (although we will all agree that this is never truly a simple task!). But what happens when one is separated from their partner and both parents split their time with the children between them? Planning holidays can potentially disrupt the other parent’s contact with the children. Of course, in some cases, in particular where parents remain amicable, it is possible to work around such scenarios and exercise a degree of flexibility as to contact arrangements.

You may have heard of horror stories of a parent taking their child(ren) abroad and failing to return, resulting in an extremely difficult and stressful process for the absent parent to secure the return of their child(ren). This would amount to child abduction which is out of the scope of this article. However, there are many circumstances where abduction isn’t the issue at hand; a disruption to one party’s contact with the child(ren) or an unreasonable objection to one parent’s plans to take the child(ren) on holiday can cause significant levels of conflict between parents.

Thankfully, there are ways of dealing with such matters.

What does the law say about separated parents taking children on holiday?

The starting position is that ‘no person shall remove a child from the country without the written consent of every person who has parental responsibility for the child unless the court allows it ‘(S.13 Children Act 1989). Taking the children abroad without the consent of the other parent could lead to criminal prosecution (Children Adduction Act 1984). However, for periods less than 28 days, consent is not required if the parent in question possesses a Child Arrangements Order which says the child shall live with them. Generally speaking, if there is an existing Child Arrangements Order, then the child must be made available when such court order requires.

Initial steps to follow include talking to your ex-partner and explaining the purpose of the holiday and proposing alternative contact arrangements in order to compensate for any lost days/contact sessions for the other parent.

If you are planning to leave the country with your child(ren) for a period exceeding twenty eight days, you should seek consent from the child(ren)’s other parent and provide the following details:

Destination and Dates

Accommodation and addresses

Flight numbers and;

Telephone number(s) in case of an emergency

Steps to take in the absence of mutual agreement

If it is not possible to reach an agreement by way of discussions with your ex-partner, mediation should be considered. If mediation proves unsuccessful or it is deemed unsuitable prior to any sessions taking place (often where there are concerns of domestic abuse), one or both parties may be required to make an application to the Court.

Before an application can be made to the court, the prospective applicant must attend a Mediation Information & Assessment Meeting (MIAM) or provide evidence of any applicable exemption. A MIAM is a preliminary meeting which will allow you to consider whether mediation is right for you. Such meetings can be held separately from your ex-partner.

What can I do if my partner does not consent to the proposed holiday?

If you live with your child(ren) and there is an existing court order with regards to contact, you can take your child(ren) on holidays within the prescribed periods of contact, but would need to ensure they are available for contact with the other parent in accordance with the court order. If you are unable to reach an agreement with your partner to allow you to go on holiday outside the terms of the agreement or for a period exceeding 28 days, you can apply for a Specific Issue Order (SIO). This is an order the court can make when it is asked to decide a particular issue that the parents are not able to resolve between them.

The application can be free-standing, meaning that it does not need to arise during existing family proceedings. It is suggested that such orders should be made prior to the booking of holidays, however the court can hear such applications on an emergency basis.

As with any case concerning children, the welfare of the child is the paramount consideration (S.1 Children Act 1989) during proceedings. The court will consider each application carefully and will often commission a report from CAFCASS before making a decision in the best interests of the child. The court can also attach conditions to such applications.

What can I do to prevent a parent from taking the children on holidays?

If you have parental responsibility and you want to prevent your ex-partner from taking the children on holidays, you can apply for a Prohibited Steps Order (PSO). The application can be free-standing, meaning that it does not need to arise during existing family proceedings. This is an order which stops a parent from or taking particular steps or actions in relation to the child, for example arranging a holiday without the other party’s consent. It is important to remember that a PSO cannot be used to achieve contact and must be motivated by genuine concern. The welfare of the child remains the paramount consideration. The court will assess the situation and decide whether such order will be granted.

Planning holidays and the impact it may have on parents mean that it can be problematic without careful consideration. If you have experienced a similar scenario or wish to find out more, contact Arjun Sreedaran of rhw’s Family Law Team for further information.

Get in touch

What our clients say

‘ I have been using rhw for my dental business over the last 15 years and been very happy with the advice given. They are supportive and helpful and even helped me get in touch with a Barrister when expert advice was needed.’ – M.B.

Daniel Crate

I appreciated the wisdom and experience I encountered.

Mr MacMillan

We were able to get legal advice quickly and at a very reasonable cost…

Mr Joshi

We are so grateful for all you did for us over the past 14 months. You obviously fought our corner very heartily and did not suffer fools gladly

Arjun was very helpful, responded to queries very promptly and made the whole process seem so much more manageable in what was a stressful time. Arjun’s commitment and professionalism is an asset to RHW and I would have no hesitation in recommending him as a solicitor.

We have been so happy with Arjun’s help and support, going into a hard situation and having someone make it easier was a weight off our shoulders so thank you, we couldn’t have done it without you!

You have shown that passion drives you, and not your hourly rate. You have related to the real world. I wish you all the best and I know you will go far, if you carry on in the manner you have shown me.

Thanks for all your help, patience, perseverance and advice over the past year and for the very professional way you dealt with the other solicitors and the constant obstacles you faced.

Mr Pennington was very understanding and helpful with my Will.

Mrs I. Wheler

I have been using rhw for many years…and have always been satisfied.

A perfect service. No complaints.

Thank you for your thorough and patient consideration whilst dealing with my matter. I will definitely refer to you and your firm for any future business or personal matters that may arise in the future.

I have dealt with Brian Shacklady in your organisation. He has provided us with excellent service throughout and continues to do so.

Given the unusual circumstances I’m certain that I could not have found a more helpful and efficient solicitor.

With our grateful thanks for your help and very professional approach!

Thank you for your thorough and patient consideration whilst dealing with my matter. I will definitely refer to you and your firm for any future business or personal matters that may arise in the future.

Elizabeth shall come with my highest recommendation, should I have any contacts in need of similar services in the future.

Thank you so much for all your help during the past year, through your professionalism, I got a very good final figure.

I can’t express how grateful I am for your steady persistence and professionalism in this whole matter.

You have been an absolute delight to work with and your calmness sometimes under extreme provocation undoubtedly assisted us getting it over the line.

Just thought you might be interested to know that your advice last autumn helped to conclude a franchise agreement in December and I am now up and running. If I need any further help of a legal nature I will certainly be in touch.

I have used the services of Nicholas Richardson for 29 years , he has always made a decision at the time and not as almost every other lawyer just gives options, leaving the client to choose.

As an entrepreneur, speed and practicality are extremely important. rhw’s pragmatic and commercial approach have made them a valuable partner.

I will certainly miss you and have a high regard for you.

I am in a good situation now because of what you have been able to achieve for me. I know you will be going on to help others go through difficult times and I wish you every success.

Thank you so very much for all your brilliant help with my situation. I am extremely grateful to you for all your work carried out on my behalf.

Many thanks for your help, I would have no hesitation recommending you

I would also like to thank you for all your hard work, advice & kindness over the last 10 months It has been much appreciated.

Thank you for all your years of help, I am a stronger person for it.

You helped me more than you know – a few years back – in my cohabitation/co-ownership dispute. I remain very grateful and you may be assured I will certainly recommend you to anyone who asks me for a referral.

Alice provided excellent support and reassurance through a difficult period. She was very quick to respond and was always available when needed.

I would like to add that Jess was absolutely amazing. She was very prepared for the day and made a stressful situation calm, she was clear in helping me manage my expectations and was supportive throughout.

Samantha was approachable and clearly knowledgeable. She was able to quickly appraise matters. Her service was excellent.